Florida Statutes
Fla. Stat. § 679.319 (2025)
Rights and title of consignee with respect to creditors and purchasers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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679.319 Rights and title of consignee with respect to creditors and purchasers.—
(1) Except as otherwise provided in subsection (2), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer.
(2) For purposes of determining the rights of a creditor of a consignee, law other than this chapter determines the rights and title of a consignee while goods are in the consignee’s possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
Notes of Decisions
Cited in 2
cases, 2005–2010 · leading case: Dickason v. Marine Nat'l Bank of Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005).
Dickason v. Marine Nat'l Bank of Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005). “Therefore, the Bank’s security interest in after-acquired property attached to the rugs pursuant to section 679.319(1), and that interest has priority over the Consign- or’s unperfected security interest pursuant to section 679.”
Rayfield Inv. Co. v. Kreps, 35 So. 3d 63 (Fla. 4th DCA 2010). “Florida law also explicitly provides that a consign- or’s interest in goods placed for sale with a consignee who routinely sells such goods is merely an unperfected security interest subject to the claims of those with prior perfected security interests.”
— 679.319(1) — 1 case
Dickason v. Marine Nat'l Bank of Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005). “Therefore, the Bank’s security interest in after-acquired property attached to the rugs pursuant to section 679.319(1), and that interest has priority over the Consign- or’s unperfected security interest pursuant to section 679.”
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